When you’re under criminal investigation, one of the biggest mistakes you can make is discussing the case with others. Those conversations more likely than not aren’t protected, meaning that if you wind up getting charged, prosecutors can subpoena those individuals to testify against you. This can put you in an extremely difficult position where you have to combat testimony regarding your own statements that could be extremely incriminating. That can be hard to do, especially if the witness is someone with whom you have a close and trusting relationship.
How can you avoid making incriminating statements that prove costly to your criminal defense?
Your first option, obviously, is to simply avoid talking about the investigation altogether. While discussing the matter with a mental health professional who is providing you with treatment might help you feel at ease and your conversation may have a certain level of protection, even this information may be accessible to the prosecution if they’re able to secure specific judicial findings pertinent to its release.
Therefore, if you need advice or guidance, or you simply want to talk through what’s happening around you, then it might be wise to speak to your criminal defense attorney. The conversation you have with them is protected by attorney-client privilege, meaning that your attorney can’t be compelled to disclose the content of that conversation, and they’re bound by ethical rules to not voluntarily share that information without your consent.
Don’t make an error that devastates your criminal defense
An even seemingly minor mistake can prove fatal to your criminal defense. That’s why it’s imperative that you recognize potential pitfalls and learn what you can do to avoid them. By doing so while at the same time gathering the evidence necessary to craft a compelling criminal defense argument, you may position yourself to secure the outcome that best protects your future.